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(영문) 대구지방법원서부지원 2015.10.08 2015가단6306
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 1, 2007, on the real estate stated in the purport of the claim on the basis of the facts (hereinafter “instant real estate”), the registration of transfer of ownership of 3/10 of each co-ownership share in the E from November 9, 2007 to Defendant B, Defendant C, and D, respectively, was completed on November 1, 2007.

[Entry A] 2. The plaintiff's assertion on July 28, 2006 lent 10,000,000 won to E on August 22, 2006, and 20,000,000 won on August 22, 2006, and E did not repay the above loan debt and completed the registration of ownership transfer on November 9, 2007, when he donated the real estate of this case, which is the only real estate, to the defendants.

The gift contract between the Defendants and E shall be revoked by fraudulent act, and the Defendants are obligated to implement the procedure for cancellation registration of ownership transfer registration due to restitution to their original state.

3. A lawsuit to exercise the right of revocation shall be brought within five years from the date of the juristic act, which is a limitation period.

(The latter part of Article 406(2) of the Civil Act “within five years from the date of the occurrence of a legal act” is apparent in itself as to whether or not an obligee became aware of the existence of a legal act. The instant lawsuit is unlawful, since it was filed on March 27, 2015, inasmuch as the Plaintiff asserted that the instant lawsuit was a fraudulent act subject to revocation of obligee, five years have elapsed since it was filed on November 1, 2007.

4. The instant lawsuit is dismissed.

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